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ANEESH TRIVEDI (ADVOCATE) (Advocate)     22 December 2015

Sho is not appearing for her evidence in 498a

This is important query:

My SHO is not appearing for her evidence in 498A since last July 2015 approx eight to ten dates, due to this my case is prolonged ,

 I am not able to say anything to Judge as this may put undue wrong information aginst me , though jugde are little bit sympathatic to me she is giving only dates of 14 days and  i am appering regulary but no i am getting irritated what should i do? my advocate say let it as dates are of 14 datys only so she may prolongde it for more 4 or 5 dates how much reason she can gave already arrest warrant issued against her, so dont be hurry as case is from august 2009 so judge also have to finish as early as she can ,

but i am her what to do to spediate fast case?

[ my adovcate is my uncle friend and much more even i am not paying to him whatever i give he keeps i am eating daily in his house so he is loyal to me ]

 the reason of irritation is that i have to file may counter case aginst my wife only due to SHO case is stuck at this state , Judge is not biased and liberal so she is taking advantage of it.....



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     01 January 2016

You have stated the problem as well as the present situation by which you are not able to proceed any further to get the case disposed, so what is your expectation from this forum?

Do you need any legal advise which may not be helpful to you since you are reluctant to initiate any legal action on this to get the case closed. 

The court even after issuing  witness  warrant to the IO, if the IO is not turning up, then it is the problem of the court as well as the APP, they should decide about dispensing the evidence of IO by using the discretion by the magistrate. 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     02 January 2016

@T. Kalaiselvan,

Sir i am contesting the case since aug 2009 i hardly miss any hearing date, as the case is running since long time and now it is at closing stage and i am sure i will win this false case but being human the result is expeting soon the problem is of IO,

now query is since IO is not coming what action we can take?

yes this is the problem of court but we are suffering and court is not taking any hard every time issuing notice to her, it is the problem of APP but sir this is india how many APP will work honestly even in my case he / she is dont know what is the case they are not appearing yes it is good for me but time consuimig which irritated me most almost 7 years gone judge says in june 2013 charges framed then we call to main witness only in 4 witness in which one died 2 years gone so i am here what we do not only for me but also for giving example to others the fight is now not covering me as justice time is already over either to applicant or respondant i am fighting for my respect as the case is false i am not reluctant but ready to finish the case, but please understood that as the case is in our hand , judges also favoring all are coming on record so why to provoke them for other side only time delays is there till now we are sinceare in the eyes of law now question is of  to prove or to take the judgemts as  " the case was false or no alleged incident took place" if we move to HC and it again redirect it then again it is wastage of time, as it is coming to end why not we get the same as we desire from this court, sir on every step i fight and struggle lot.......... so this time also i am moving as per court process but having an eye the case will not turn or make us more  strugller or make it more complex, if it is possible for me to give you my FIR and proceeding till date i will send please provide me your mail...or you ask your question i will give you answers with proof that is  on record...so you can fully understood what is going on? as here in few six years story is not possible to put in word as in parraller to 498a she also gone for sec13 sec 24 still we have to fight for custody if we file or gone as you said about my reluctant she we be involved in case and start sitting with lawyer this time she get frustrued as all in our favor more over she is under many responsiblitites at that time she was enrgetic..in full fight mood

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

Dear Querist

Legally if you want to speedy trial then there is two option, either the trial court will issue another notice to witness or notice to her/his superior to present on the date fixed. or you may file a writ before the High Court to get direction from the HC to decide the matter within a time limit, the Hc may passed a direction to trial court for decide the matter within time frame as per HC think fit.

 

Feel Free to Call 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     02 January 2016

trial court regularly on every date issuing notices ever to SHO , radio message is also sent,

in other option if we go to HC then HC also took time,

as per your good suggestion HC already gave the directions to complete the pending cases of more than 5 years as soon as possible , already i have huge material of my innocence even judge also told me many times that i have to complete the case as it is running since last 9 years and every time she is issuing notices to SHO , the lady SHO is even not listening to SP and others , she is playing all tactics like impressing to male she is totally high profile pross type...

ANEESH TRIVEDI (ADVOCATE) (Advocate)     06 January 2016

hearing date is on 8th jan hope she will come, if not then can i file writ... 

again if writ took long time then it is watage of time...

so please suggest me some other way.. to make her appear for evidence..

ANEESH TRIVEDI (ADVOCATE) (Advocate)     10 January 2016

again she had not came for evidence..........

ANEESH TRIVEDI (ADVOCATE) (Advocate)     11 January 2016

agreed but it is injustice for both criminal and victim..... how shameful....?

ANEESH TRIVEDI (ADVOCATE) (Advocate)     23 February 2016

again the chance for evidence given to all left PP witnesses and warrant is issued ,

my advocate says keep patinece if you make hurry it may affect result. again if SHO will not appear in next two date we will go to HC.

this time when we gave application mentioning that SHO is delibrately not appearing in last 10 days judge gave order that i am dragging the case by filing discharge and revision of discharge etc

how such type judge are sitting on such important place fully partial ?

M** C** do , B** C** do ko Sharam bhi nai aati. agar inke samne inki maa bahen beti bhi  C**d jaye to bhi ye kya aise hi react karenge?

ye to saale third class lower community naali ke kutte billio se bhi gaye beete hai..

ab tak respect karta tha par ab ahsaas ho gayaa... salo ki G** me sach me dande dal kar sadak par N**ga ghumana chahiye so called whilte collers....bl**dy sale

 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     23 February 2016

again the chance for evidence given to all left PP witnesses and warrant is issued ,

my advocate says keep patinece if you make hurry it may affect result. again if SHO will not appear in next two date we will go to HC.

this time when we gave application mentioning that SHO is delibrately not appearing in last 10 days judge gave order that i am dragging the case by filing discharge and revision of discharge etc

how such type judge are sitting on such important place fully partial ?

M** C** do , B** C** do ko Sharam bhi nai aati. agar inke samne inki maa bahen beti bhi  C**d jaye to bhi ye kya aise hi react karenge?

ye to saale third class lower community naali ke kutte billio se bhi gaye beete hai..

ab tak respect karta tha par ab ahsaas ho gayaa... salo ki G** me sach me dande dal kar sadak par N**ga ghumana chahiye so called whilte collers....bl**dy sale

 


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